Solihull 08000149049

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Terms and Conditions

Access to, and use of this site is and is subject to the following terms and conditions and all applicable laws.

Delivery of the Services
a. Start date: Private Group shall commence the provision of the service/s at a time agreed by both parties.
b. Completion date: Private Group shall complete/ cease to provide the service/s either when the objective of the service/s has been achieved or when Private Group Investigations deems fit. Private Group will endeavor to provide all of its services within the shortest amount of time possible, but no guarantees can be made regarding timescales due to the complex investigations that we carry out.

Limitation of liability
a. Subject to the Client’s obligation to pay the cost of the Service/s to Private Group liability in contract, or otherwise (including negligence) arising directly out of or in connection with these terms or the performance or observance of its obligations under these terms and every applicable part of it shall be limited in aggregate to the cost of the service(s).
b. To the extent it is lawful to exclude the following heads of loss and subject to the Client’s obligation to pay the cost of the service/s, in no event shall Private Group be liable for any loss of profits, goodwill, loss of business, loss of data or any other indirect or consequential loss or damage whatsoever.
c. Nothing in this Clause will serve to limit or exclude either party’s liability for death or personal injury arising from its own negligence.

Term and Termination
a. These terms shall be effective on the date hereof and shall continue, until the Completion Date.
b. Either Party may terminate this Agreement upon notice in writing if the other is in breach of any material obligation contained in this Agreement, which is not remedied (if the same is capable of being remedied) within 7 days of written notice from the other Party so to do; or
c. If a voluntary arrangement is approved, a bankruptcy or an administration order is made or a receiver or administrative receiver is appointed over any of the other Party's assets or an undertaking or a resolution or petition to wind up the other Party is passed or presented (other than for the purposes of amalgamation or reconstruction) or any analogous procedure in the country of incorporation of either Party or if any circumstances arise which entitle the Court or a creditor to appoint a receiver, administrative receiver or administrator or to present a winding-up petition or make a winding-up order in respect of the other Party.

d. Any termination of this Agreement (howsoever occasioned) shall not affect any accrued rights or liabilities of either Party nor shall it affect the coming into force or the continuance in force of any provision hereof which is expressly or by implication intended to come into or continue in force on or after such termination.

Law
a. The Client agrees that the Client is solely responsible for complying with any laws, taxes, and tariffs applicable in any way to the Service/s contemplated herein.
b. The Client will hold harmless, protect, and defend Private Group or its directors, its subcontractors and agents from any claim, suit, penalty, tax, fine, or tariff or any failure to comply with any such laws, taxes and tariffs.

Legal Notice
a) Not with standing anything to the contrary contained in these terms, Private Group Investigations,nor any of its employees or agents warrants that the Service/s will be uninterrupted.

b) In no event will Private Group be liable to the Client or any third party for any damages including, but not limited to: service interruptions caused by Acts of God, power failures or any other circumstances beyond our reasonable control, any lost profits, lost savings or other incidental, consequential, punitive, or special damages arising out of the operation of or inability to provide the Service/s, failure of any service provider, of any telecommunications carrier, of any sub-contractor, even if Private Group Investigations has been advised of the possibility of such damages.Private Group, any agents acting on our behalf, affiliates and representatives make no guarantee that the information contained in reports provided to clients, whether implied or stated, either orally communicated or in writing, are true and accurate. Private Group Investigations accepts no liability for any inaccuracies in its reporting, the use, misuse or any loss arising from its reports.
c)This agreement constitutes the sole agreement between and the Client regarding any Service/s provided by Private Group Investigations.

Payment
Ordinarily we will accept payment of cash, cheque, direct debit, bank deposit and electronic transfer, but we reserve the right to refuse any payment method if we have reasonable cause to believe such payment will be dishonoured, please note if paying by cheque we will hold the information/evidence gathered until the cheque has cleared and funds are available in our account.

The customer may not withhold payment of any invoice or other amount due to Private Group or its directors by reason of any right of set-off or counterclaim which the customer may have or allege to have for any reason whatsoever.

All payment(s) for services provided by Private Group are payable before the release of the information collated for the client(s).
You agree to pay all fees and charges (and applicable taxes) incurred which relate to the provision and/or use of the Service/s, in accordance with the rates and Terms and Conditions established from time to time by Private Group . Any and all amounts payable for Service/s shall be payable in advance and Private Group shall not be required to refund to you, in whole or in part, any amounts paid or prepaid for use of any Services, unless otherwise agreed in writing.

Refunds Policy. Where Private Group has been instructed to commence an investigation and any kind of deposit or payment has been made by the client, these monies are non-refundable in part or in full once Private Group has commenced work on the client’s instructions, in full or in part. a credit note minus a minimum of 25% can be granted to the client at our discretion.

Unless you notify Private Group or its directors in writing of any discrepancies or unauthorised charges within sixty (60) days after they first appear on your credit card statement, PayPal statement or carrier bill, they will be deemed accepted by you for all purposes, including resolution of enquiries made by your card issuer. You release Private Group from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to Private Group or its directors within sixty (60) days of its first appearance on an invoice, credit card statement or carrier bill.

Fees. All fees for instructing Private Group or its directors are payable in advance of Private Group commencing work on any instructions for the client. These fees are non-refundable unless agreed in writing in advance of receipt of payment. Failure to make required payments within 7 days of the investigation proceeding will result in the use of a collection agency to recover our costs.

Consultancy/ appointment fees are payable and will be charged by Private Group at the rate of £125.00 per hour, whilst engaged at meetings either in person or by telephone.

DEFAULT IN PAYMENT
In default of due payment of its invoice, Private Group may in its absolute discretion and irrespective of any other rights maintain an action against the customer for the invoice sum upon which interest shall be payable at the rate of 2% per calendar month or part thereof from the date of the invoice until payment. The customer shall indemnify Private Group Investigations against any legal costs which it may reasonably incur to recover its invoice sum.

Any payments that are outstanding for a period of 7 days after completion of the investigation will be referred to universal collections ltd, and will be subject to a surcharge of 20% plus vat to cover the collection costs incurred. this surcharge together with all other charges and legal fees incurred will be the responsibility of the customer and will be legally enforceable.

Cancellation
In the event of cancellation by the client of any service prior to the service being started, the client shall be responsible for all costs incurred by the company or full payment of the service requested. Payment of these costs becomes due immediately.

These terms and conditions shall be governed by English Law and scottish law and any dispute arising out of or in connection with the same shall be determined by the English Courts or scottish courts shall not be required to refund to you, in whole or in part, any amounts paid or prepaid for use of any services, unless otherwise agreed.

If you are paying by credit or debit card, you hereby irrevocably authorise Private Group or its directors to charge your credit or debit card for damages, additional service time, and/or any charges due and not immediately paid by you. Unless you notify Private Group Investigations in writing of any discrepancies or unauthorised charges within sixty (60) days after they first appear on your credit card statement, PayPal statement or carrier bill, they will be deemed accepted by you for all purposes, including resolution of enquiries made by your card issuer. You release Private Group or its directors from all liabilities and claims of loss resulting from any error or discrepancy that is not reported toPrivate Group within sixty (60) days of its first appearance on an invoice, credit card statement or carrier bill. If any payment is made to Private Group or its directors for any service whatsoever, it is on the understanding that Payment is for the investigation work that Private Group or any persons working on behalf or Private Group or its directors are either about to carry out, or have already carried out. Under no circumstances is payment made on the basis of investigation results.

Please note that we do not offer refunds unless otherwise stated by us in writing prior to our receipt of cleared funds. All monies must be paid in advance for all work carried out. Any balance outstanding to us must be settled within 48 hours (unless agreed otherwise). Any balance outstanding to the client will be used as a form of credit that can be used in future investigations. We offer no guarantee of results in any surveillance or outbound work that we undertake. We will not be held responsible for any loss of the subject whilst on surveillance and any hours booked prior to the start of any job will be the hours payable in the event of any loss or cancellation.